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ORDER that the Recommendation on defendants Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) Docket No. 22 is ACCEPTED. It is further Docket No. 14 is GRANTED. It is further ORDERED that this case is DISMISSED with prejudice and shall be closed in its entirety. It is further ORDERED that, within 14 days of the entry of judgment, defendant may have its costs by filing a bill of costs with the Clerk of the Court, by Judge Philip A. Brimmer on 1/9/2014.(ervsl, )

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